HomeMy WebLinkAboutDept Report 05-28-02
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City of Carmel
DEPARTMENT OF COMMUNITY SERVICES
Division of Planning & Zoning
May 22, 2002
Department Report
To: Board of Zoning Appeals Members
From: Department of Community Services
Re: Projects scheduled to be heard Tuesday, May 28,2002
J. Public Rearm!:!:
Ij. WTF - Sprint Spectrum (A-97-01)
Appellant (an Interested Party) wishes to appeal the decision of the Director regarding the
collocation of a WTF antenna on an existing private radio tower.
The site is located at 1388 Queen's Way. The site is zoned S-I/Residence - Very Low
Density.
On June 15.2001. the Department of Community Services issued Permit No. 627.01B for
the collocation of an antenna on an existing ham radio tower at 1388 Oueen's Way. The
Department issued the permit per Section 5.1: Permitted Uses of the S-I/Residence District
Ordinance. which lists. "Antenna. if collocated on an existing or previously approved tower" as a
permitted use. The term TOWER is defined in the Zoning Ordinance as:
A ground or roof-mounted pole, spire, structure, or combination thereof taller than
fifteen (15) feet, including supporting lines, cables, wires, braces, and masts,
intended primarily for the purpose of mounting an antenna, a meteorological
device, or other similar apparatus above grade. The term dos not include a water
tower that is owned by public utility or municipally owned utility.
The term ANTENNA is defined as:
A structure or device that is used for the purpose of collecting or transmitting
signals, images, sounds, or information of any nature by wire, radio, visual, or
electromagnetic waves, including but not limited to directional or omni-
directional antennas, panels, and microwave or satellite dishes. The term does not
include an amateur radio station antenna.
Both definitions were adopted per Ordinance No. Z-320. more commonly known as the
"Tower Ordinance" or "Wireless Telecommunications Ordinance."
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,Department Report
Board of Zoning Appeals
May 28, 2002
Page 2 of 27
It is the Department's position that because the tower located at 1388 Queen's Way was
erected in 1987 prior to the adoption of Ordinance No. Z-320 (Ju1v 7. 1997), it does not require
Special Exception approval prior to the collocation of an antenna.
The final sentence of the definition of ANTENNA. "The term does not include an
amateur radio station antenna." is not meant to preclude the collocation of antennas on amateur
radio station towers. but to differentiate between hobbyists and those commercial operations that
must go through Special Exception approval in order to locate in the S-1 or other Residential
Districts.
On August 23.2001. the Director issued a letter revoking the building permit (Permit No.
627.01B) for the antenna on this site for reasons umelated to this Appeal.
The Department recommends that the Board uphold the Director's initial determination
regarding the issuance of the permit.
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